Key Decisions – California

I. Coaches

California Court of Appeals case upholding decision providing a win for a basketball coach against the Houston Comets because her practices were physically demanding and contributed to wear and tear on her body.

Case which gave a win to a player against the SF Giants and established that a player’s knowledge of the connection between his work duties and his disability is not evidence that the player knew of his or her workers’ compensation rights.

III. Football

Case giving a win to a player over the Baltimore Ravens and finding that a 25% penalty was applicable for the defendant’s unreasonable delay in paying commuted Attorney’s Fees-Attorney’s Fees under Labor Code § 5814 and 5814.5 for more than six months after award of life pension for

III. Basketball

One of the most important recent cases in favor of athletes giving a basketball player a win over the NY Knicks and established, inter alia, case law that allows for a player to win his case if he played for a California–based team, etc.

The case established the legal principle that if a player is employed by a California team at any time in the player’s career, that California employment gives California courts jurisdiction over the entire case – including jurisdiction over teams not located in California.

California Court of Appeals case upholding decision providing a win for player against the Nets. The Judge’s statements in favor of the player really emphasized why California Worker’s Compensation is important to athletes. Judge Robert E. Drakulich wrote:

“All professional athlete cases are complicated, especially when measured by cases decided in the world of usual work injuries. Athletes are really the only part of the work force that are actually expected to have injuries and still perform their ‘usual and customary duties.’ Hasn’t every coach, at every level, used the phrase, ‘You have to play through your injuries.’ Doesn’t that ability separate us from champions?”

“Nowhere is this work ethic better seen than in professional basketball as played in the NBA. Nowhere is there a more demanding physical sport. The schedule is long, requiring travel, and performing in games three or four times a week. You just can’t hide injuries when you are required to run the floor for 30 or 40 minutes each game, and practice in between these games.”

“With this scenario in mind, defendant tries to advance a theory that is just not supported by the facts. Reggie Theus had a knee injury very early in his career, and a back injury while playing for Orlando (all of this prior to his play for the Nets). Petitioner asserts that applicant never recovered from these injuries and never reached his potential, although he did develop into a “very good” player. What a classic understatement! Only one player in NBA history has more points and assists than Reggie Theus and that is Oscar Robertson. He is 34th on the all-time point scored list, and 18th on the all-time assist list. He was an All-Star as a point guard twice (despite playing on very poor teams and competing at point guard for media recognition with Magic Johnson). He was runner-up for Rookie of the Year. He scored 19,000 plus points. For all of this he only gets a “very good” and “did not reach his potential because of injuries” from petitioner! The fact is that the career of Mr. Theus shows that he more than met every expectation, under any reasonable standard, including those of the Nets, where he led his team with an 18.6 points per game average. This continued performance belies any claim that he was injured or disabled prior to the Nets. The petitioner failed to show the Court how that purported disability manifested itself on the Court with the Nets. He passed their physical. He played the entire season. He averaged more points than anyone on the team. Where is the disability? I don’t see it. He had pain, but where did that cause disability? This is defendant’s burden to show, and they simply did not meet that burden.”

California Court of Appeals case upholding decision providing a win for player against the Warriors

“Pat
…I think I will keep you on speed-dial, in case I need your help again. Thanks for everything. All the best!

— Terry O’Reilly, #24”

Terry O’ReillyRight Wing, Boston Bruins

“A big thank you to you and your crew for the work you did on my claim”read more

Gary “The Cobra” SimmonsCalifornia Seals, Cleveland Barons, LA Kings

“Sometimes the most difficult moments in life come when journeying through unchartered territory. Charles and his amazing legal staff helped me to understand the process and navigated my claim to an award that made a tremendous difference in my life. The support, attention to detail, patience, and diligence of the All Sports Law team was priceless!”read more

“Imagine running full speed at a steel or wire rim and slamming your wrist into it; that’s what it’s like to dunk a ball in a Globetrotter game. Now imagine doing this several times in every game and every practice.”read more

Sterling “Smooth” ForbesHarlem Globetrotters Legend

“Since the beginning ASL has been very responsive. Best workers’ comp firm for Athletes!! Charles and Michelle always had my back!”read more

“Pat is very knowledgeable and will protect you at all times. He is a great man and I’m glad he handled my case.”read more

John BrandesNFL Tight End (Colts, Giants, Redskins, 49ers)

“Pat
…I think I will keep you on speed-dial, in case I need your help again. Thanks for everything. All the best!

— Terry O’Reilly, #24”

Terry O’ReillyRight Wing, Boston Bruins

“A big thank you to you and your crew for the work you did on my claim”read more

Gary “The Cobra” SimmonsCalifornia Seals, Cleveland Barons, LA Kings

“Sometimes the most difficult moments in life come when journeying through unchartered territory. Charles and his amazing legal staff helped me to understand the process and navigated my claim to an award that made a tremendous difference in my life. The support, attention to detail, patience, and diligence of the All Sports Law team was priceless!”read more

“Imagine running full speed at a steel or wire rim and slamming your wrist into it; that’s what it’s like to dunk a ball in a Globetrotter game. Now imagine doing this several times in every game and every practice.”read more

Sterling “Smooth” ForbesHarlem Globetrotters Legend

“Since the beginning ASL has been very responsive. Best workers’ comp firm for Athletes!! Charles and Michelle always had my back!”read more

Did you coach professionally? (Paid employment at any level including high school and college)

CA Connections1) Have you ever been a resident of California?2) Did you play for a California team? (This includes preseasons, camps, tryouts, off-season leagues, AND minor league affiliates based in CA even if the pro team was elsewhere)3) Did you play for a league or team that was based in or had headquarters in California and your contract was with the league or team? (Examples: Harlem Globetrotters & American Basketball League)4) Did you sign any contract for any team while you were physically in California?5) Did you have an agent whose office was in California?

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